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BI-MONTHLY LEGAL NEWS Vol. No. 5(III) July-August 2012

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BI-MONTHLY LEGAL NEWS Vol. No. 5(III) July-August 2012 BI-MONTHLY LEGAL NEWS Vol. No. 5(III) July-August 2012 Partners for Law in Development Updates from the UN § UN SR on VAW submits her third thematic report to HRC § UN SR on trafficking submits her annual report to HR Commission § UN SR on contemporary forms of slavery submits report on servile marriage International Developments Asia Beyond Asia § Witch-hunt against the founder of § ECHR condemns Spain’s racist and sexist attacks against Nigerian Bangladesh’s Grameen Bank woman continues § Namibian High Court awards damages to 3 women sterilised without § Thai Govt rethinking proposed plan consent to deport pregnant migrant workers § Tunisian draft constitution refers to women as ‘complementary to § Iranian Universities ban women women’ from enrolling for BA and BSc § Transgender no longer labelled as a mental health disorder in USA courses in the coming academic § Somalian Constitution bans female genital mutilation year § Imprisonment of Russian punk rock group highlights the intolerance of § Singapore Court of Appeal the Russian Government to criticism acknowledges the unwanted § Belizean Domestic Bank and Financial Institution Act proposes to manner in which law criminalising widen the scope of ‘spouse’ homosexuality affects community § Ukrainian govt. introduces bill in parliament to ban publication and § Minor Christian girl becomes distribution of LGBT information victim of the blasphemy law in § U.S. Dept. of Justice defers removal of gay Jamaican under CAT Pakistan § Russia proposes procedurally flawed resolution on ‘traditional values’ at 21st HRC Session National Judgements/Orders § Son wins paternity suit against veteran politician, N.D. Tiwari § Delhi Sessions Court sentences sorcery practitioner § SC grants divorce before expiry of the statutory six month ‘cooling off’ period § BJP politician amongst others convicted for massacre, rape and molestation in Gujarat carnage, 2002 § Matrimonial matters taken away from Karnataka HC judge for comments condoning domestic violence, following protests. § No straitjacket formula to determine consent: SC News § Legal vacuum on sexual assault and impunity for moral policing make India unsafe for all women § Santhi Soundarajan’s case and IOC’s new policy highlight new frontiers of gender discrimination § TN Govt. announced pension for impoverished transgender § Lok Sabha passes Sexual Harassment at Workplace Bill, without much discussion § Union Cabinet clears controversial Criminal Law (Amendment) Bill 2012 § Maharashtra government proposes to make abortion a crime Resources § ‘Injustice at Every Turn: A Look at Asian American, South Asian, Southeast Asian, and Pacific Islander Respondents in the National Transgender Discrimination Survey’: NCTE and NQAPIA § ‘Sexual Orientation, Gender Identity, and Justice: A Comparative Law Casebook’: ICJ § ‘Born Free and Equal’: United Nations Human Rights Office § Blog on sexuality and disability launched Events § ‘Developing Legal Aid Strategies and Guide Book to Protect Rights of Informal Workers, Women and Children’: Delhi, 25 August 2012 § ‘Security of Women in Delhi: An open discussion among concerned citizens’: Delhi, 29 July 2012 § Citizens Collective against Sexual Violence protest against sexual assault: 27 July 2012 § Candle Light Vigil to united against Assam riots and backlash: 22nd August 2012 Forthcoming Events § ‘The Good, Bad and the Ugly: Introspecting Violence Against Women & the Law’: October 27-31, 2012 Partners For Law in Development 1 Updates from the UN UN SR on VAW submits her third thematic report to HRC The UN Special Rapporteur on violence against women, its cause and consequences submitted her third thematic report to the Human Rights Council. The report focuses on the comprehensive approach which should be adopted by governments in addressing the gender related killings of women, and key recommendations to that end. In her report she notes that ‘rather than a new form of violence, gender-related killings are the extreme manifestation of existing forms of violence against women. Such killings are not isolated incidents that arise suddenly and unexpectedly, but represent the ultimate act of violence which is experienced in a continuum of violence.’ The report also notes that religious, cultural, and social norms and beliefs are largely the causal factors for harmful practices resulting in violence against women. Therefore countries’ efforts to comply must also address these structural causes. The report can be accessed here . Source: http://www.ohchr.org/EN/NewsEvents/Pages/ImpunityForVAWGlobalConcern.aspx UN SR on trafficking submits her annual report to HR Commission The UN Special Rapporteur on trafficking in persons, especially women and children submitted her annual report and recommendations on measures required to uphold and protect the human rights of the victims to the Commission of Human Rights. The report outlines the activities of the SR from 1 July 2011 to 29 February 2012, and contains a thematic analysis of the integration of a human rights-based approach in the administration of criminal justice in cases of trafficking in persons. It further outlines the international legal framework and reviews key components, including the criminalization of trafficking offences and the non-criminalization of trafficked persons drawing on State responses to her questionnaire; the SR provides an overview of trends in State practice, highlighting emerging good practices and common challenges. The report can be accessed here . Source: http://www.ohchr.org/EN/Issues/Trafficking/Pages/TraffickingIndex.aspx UN SR on contemporary forms of slavery submits report on servile marriage The UN Special Rapporteur on contemporary forms of slavery, including its causes and consequences submitted her thematic report on the issue of servile marriage, in which a spouse is reduced to a commodity over whom any or all the powers of ownership is attached. The report discusses the root causes of servile marriage, which include gender inequality, ideas of family honour, poverty, conflict and cultural and religious practices. It also outlines the various forms of servile marriage, as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, and highlights the need to view Partners for Law in Development 2 such marriages as forms of slavery so as to better inform and shape actions to prevent servile marriage and support victims. The report can be accessed here . Source: http://www.wunrn.com/news/2012/08_12/08_20/082012_servile.htm International Developments Asia Witch-hunt against the founder of Bangladesh’s Grameen Bank continues In yet another repressive move to take over the Grameen Bank, the cabinet recently approved an amendment to the Grameen Bank Ordinance 1983, giving full power to the Bank chairman to pick the future managing director of the microfinance institution. The proposed amendment gives the present Chairman, powers to over-ride the views of the majority of the Board of Directors, including the 9 rural women representing its borrowers, in deciding the composition of the search committee that will appoint the managing director. This development follows successive actions against Prof. Yunus, the founder of Grameen Bank. The first in the series of such actions was a letter from the Bangladesh Bank charging Prof Yunus for being improperly appointed 11 years back as Managing Director, as at the time he had passed the official retirement age. Prof Yunus’s writ to the High Court against this charge was rejected on the ground he lacked locus standi. Thereafter, his appeal against the writ order was rejected by the Apellatte Court, closing the door for him to even defend himself and have the case heard on merits. The 9 rural women board members too filed a writ to challenge Bangladesh Bank’s letter of dismissal, alleging that Prof Yunus’s appointment was not wrongful. Their writ too was rejected on grounds that they lacked locus standi. The recent development seeks to over-ride the voices of these 9 women Board members who demand that the selection committee for the appointment of the new managing director include Prof Yunus. The series of actions of the Bangladesh bank and the Bangladesh government have effectively muzzled all voices that stand in the way of the motivated take-over of the Grameen Bank. Source: http://www.thedailystar.net/newDesign/news-details.php?nid=244824 http://www.thedailystar.net/newDesign/news-details.php?nid=245393 http://www.thedailystar.net/newDesign/news-details.php?nid=246271 Thai Govt rethinking proposed plan to deport pregnant migrant workers Thailand Government is rethinking a controversial plan proposed by the Thai Labour Minister, Padermchai Sasomsap, to deport migrant workers who are three to four months pregnant. Owing to the strong backlash and criticism, the ministry is now reconsidering plans aimed at keeping migrant children out of the factories their parents worked in. The Thai Department of Employment director-general Prawit Khiangphol has assured that there is a proposal to allow pregnant migrant workers to stay and receive access to social security networks which would include access to public health services, schools for their children and full maternity leave. Source: http://www.phnompenhpost.com/index.php/2012072557604/National-news/thai- government-reconsiders-deportation.html Partners for Law in Development 3 Iranian Universities ban women from enrolling for BA and BSc courses in the coming
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